Madras High CourtWP(MD)/2971/2017closed

V.Marimuthu v. The Superintendent Of Police

2017-03-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.2971 of 2017 V.Marimuthu ... Petitioner -vs1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Ambathurai Police Station, Dindigul.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the Respondents to consider Petitioner's representation dated 25.12.2016 and to give Police Protection to the petitioner's life and limb at the time of survey of his land.

For Petitioner : Mr.C.M.Ganesan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the Respondents to consider the Petitioner's representation dated 25.12.2016 and to give Police Protection to the petitioner's life and limb at the time of survey of his land.

2.It is the case of the petitioner that he has made application for survey of his land in Survey No.231/6 and that he apprehends that the revenue people will not be permitted to survey the land by some unknown persons. Therefore, the petitioner has filed this Writ Petition for a Mandamus to the Police to provide him police protection at the time of survey.

3.Heard Mr.C.M.Ganesan, learned counsel appearing for the petitioner and Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 4.In the considered opinion of the Court, no such Mandamus

shall be issued based on the anticipatory breach of law without sufficient grounds thereof. However, in the event of the revenue authorities seeking police protection, the respondent police shall provide them protection as sought by them.

5.With the above observation, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Ambathurai Police Station, Dindigul.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 13463 SJ TE/CM-MSA/SAR-III : 14/03/2017 : 2P/4C W.P.(MD) No.2971 of 2017 08.03.2017 https://hcservices.ecourts.gov.in/hcservices/